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Home My WebLink About35641 / 89-397 r December 7, 1989 # 397 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE RENTAL OF OFFICE SPACE INITITATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are authorized and directed to enter into the attached Lease Agreement with Winnebago County. SUBMTTTED BY � � , ''�r��^�*,�rrrj r��Li�� - 23 - " Res. #397 REVISED L E A S E THIS LEASE, is made and entered into this 1st day of January, 1990, by and between the CITY OF OSHKOSH ("CITY") , 215 Church Avenue, Oshkosh, Wisconsin 54902-1130, and WINNEBAGO COUNTY Public Health Nursing Service ("COUNTY") , 725 Butler Avenue, Oshkosh, Wisconsin 54903-2808, as follows: 1. The City shall lease to the County approximately 900 square feet of office space on the ground floor of the City Hall located at 215 Church Avenue, Oshkosh, Winnebago County, Wisconsin, to be used as offices for the Public Health Nursing Service or such other agency that may be designated by the County with the City's consent. 2 . The term of this lease shall be for one year, beginning January l, 1990, and ending on December 31, 1990. This lease may be renewed at the option of the County for two (2) successive one-year periods commencing on January l, 1991 and January 1, 1992 , respectively, subject to the availability of funds for the payment of rentals, upon the same terms and conditions specified in this lease except that the rental rate may be renegotiated for each of the one-year renewal periods, provided that written notice be given to the City on or before November 1, 1990 or 1991. 3 . The County shall pay to the City monthly rent in the amount of Seven Hundred and no/100 Dollars ($700. 00) in advance on the first day of each month during the term. The City may on October 1, 1990, and on October 1, 1991, if this lease has been renewed, adjust the rental rate to reflect any increase in the City's costs for labor, heat and electricity, and shall notify the County in writing on or before October 15 of any such adjustment in rental payments which shall become effective on the subsequent January 1. 4 . The City shall furnish to the County during its occupancy of these premises under the terms of this lease and as part of the rental consideration, the following: a. heat and air conditioning (duct type) as required for comfortable occupancy. b. heat and air conditioning costs. c. hot and cold running water for washroom and maintenance facilities. d. water and sewer costs. e. provide, maintain and service heating, air conditioning, plumbing and ventilating equipment, f. provide reserved parking spaces. - 23a - M Res. #397 g. install fire extin�uishers according to building code and underwriters' recommendations. h. provide lighting on seventy (70) foot candles at desk level throughout the entire leased premises. i. provide keys for entrance door. j . furnish and install light bulbs, fluorescent tubes, starters, ballasts or transformers. k. provide electricity for lights and other electrical equipment necessary for operation of the office. l. furnish building occupancy permit or use permit if required. m. furnish all necessary janitorial and maintenance equipment. n. provide janitorial service for the premises, including halls, stairways, care of the grounds, snow removal from sidewalks and parking lots, and further including but not limited to daily vacuuming or sweeping of all floors, emptying of all wastewbaskets and ash trays, disposal of all rubbish, and cleaning and washing of all restroom and plumbing fixtures, weekly, or as needed, mopping of all floors, quarterly, or as needed, waxing of all floors and annually, or as needed, washing of all windows and light fixtures. 5. The City shall maintain the premises in good repair and tenable condition during the lease term or renewal, except in the case of damage arising from a willful act or the negligence of the County's agents or emplo�ees, or of any person on the premises with the express permission of the County. For the purposes of so maintaining the premises, the city reserves the right at reasonable times to enter and inspect the premises and to make any necessary repairs. At the expiration of this lease or renewal, the County shall return the premises to the City in as good condition as they were at the time the County took possession, ordinary wear, damage by the elements or fire excepted. 6. If the premises be wholly destroyed by fire or other casualty, this lease shall immediately terminate. In case of partial destruction or damage so as to render the premises untenable, either party may terminate the lease by giving written notice to the other within fifteen (15) days of the event and if so terminated no rent shall accrue to the City after such partial destruction or damage. 7. The County shall not make or permit anyone to make any alterations, improvements or additions in or to the premises, without the City's prior written consent. - 23b - . '' Res. #397 8. Notice in writing shall not be construed to mean personal notice. Such notice shall be given by mail and shall be deemed to be given at the time when the notice is mailed to the last known address of the party. 9. The County covenants and agrees to protect and hold the City harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by the County's activities on the leased or adjacent premises and shall refund to the City all sums which it may be obliged or adjudc�ed to pay on any such claims or demands within a reasonable time after such demand is made upon the City. 10. The County shall not assign this lease in any event, and shall not sublet the leased premises, and will not �ermit the use of the premises by anyone other than the County, its agents and its employees. IN WITNESS WHEREOF, the parties have caused this agreement to signed and sealed effective the date first above written. CITY OF OSHKOSH WINNEBAGO COUNTY William D. Frueh, city manager Donna C. Serwas, city clerk APPROVED AS TO FUNDING: Edward A. Nokes, comptroller APPROVED AS TO FORM: Warren P. 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